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WATERS-HASKINS v. HUMAN SERVICES DEPT.

No. 31,300.

210 P.3d 817 (2009)

2009-NMSC-031

Hazel WATERS-HASKINS, Petitioner-Respondent and Cross-Petitioner, v. NEW MEXICO HUMAN SERVICES DEPARTMENT, INCOME SUPPORT DIVISION, and Pamela Hyde, Secretary, Respondents-Petitioners and Cross-Respondents.

Supreme Court of New Mexico.

June 8, 2009.

Attorney(s) appearing for the Case

Susan M. Sita, Special Assistant Attorney General, Office of General Counsel, New Mexico Human Services Department, Santa Fe, NM, for Petitioners.

Joel R. Jasperse, New Mexico Legal Aid, Gallup, NM, Marcia J. Lieberman, New Mexico Legal Aid, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} An administrative decision by the New Mexico Human Services Department (the Department) established a claim against Hazel Waters-Haskins (Appellant) for the repayment of food stamp benefits erroneously issued to her. The administrative law judge rejected Appellant's argument that the doctrine of equitable estoppel should bar the Department's claim because the Department's error caused the overpayment. On appeal, the...

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